ABOUT THE WEBSITE
1.1. Welcome to www.grousestudio.au (the ‘Website’). The Website provides group exercise classes and, information and resources pertaining to these services (the ‘Services’).
1.2. The Website is operated by Studio 116 Pty Ltd | Grouse Studio (ABN 55 665 662 911) . Access to and use of the Website, or any of its associated Products or Services, is provided by Studio 116 Pty Ltd | Grouse Studio. Please read these terms and conditions (the ‘Terms’) carefully. Using, browsing and/or reading the Website signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Studio 116 Pty Ltd | Grouse Studio reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Studio 116 Pty Ltd | Grouse Studio updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
ACCEPTANCE OF THE TERMS
2.1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Studio 116 Pty Ltd | Grouse Studio in the user interface.
COPYRIGHT AND INTELLECTUAL PROPERTY
3.1. The Website, the content and all of the related products of Studio 116 Pty Ltd | Grouse Studio is subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes and are reserved by Studio 116 Pty Ltd | Grouse Studio or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Studio 116 Pty Ltd | Grouse Studio who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use. Studio 116 Pty Ltd | Grouse Studio does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Studio 116 Pty Ltd | Grouse Studio.
3.3. Studio 116 Pty Ltd | Grouse Studio retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
3.4. You may not, without the prior written permission of Studio 116 Pty Ltd | Grouse Studio and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
PRIVACY
4.1. Studio 116 Pty Ltd | Grouse Studio takes your privacy seriously and any information provided through your use of the Website and/or content is subject to Studio 116 Pty Ltd | Grouse Studio’s Privacy Policy which is available on the Website.
GENERAL DISCLAIMER
5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.2. Subject to this clause 5, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Studio 116 Pty Ltd | Grouse Studio will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.3. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Studio 116 Pty Ltd | Grouse Studio makes any express or implied representation or warranty about the content or any products or content (including the products or content of Studio 116 Pty Ltd | Grouse Studio) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content-related products (including third-party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the content or any of the products of Studio 116 Pty Ltd | Grouse Studio; and
(d) the content or operation with respect to links that are provided for your convenience.
LIMITATION OF LIABILITY
6.1. Studio 116 Pty Ltd | Grouse Studio‘s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
6.2. You expressly understand and agree that Studio 116 Pty Ltd | Grouse Studio, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
6.3. You acknowledge and agree that Studio 116 Pty Ltd | Grouse Studio holds no liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you as a result of providing your content to the Website.
The terms of this agreement are bound by the laws of Victoria.